Court OK’s licence fee loophole as it throws out fine for man who only watches catch-up TV

A VIEWER fined for not having a TV licence has won an appeal after arguing he only watches programmes on catch-up.

Nick Thomas refused to let a licensing officer into his home last December after failing to pay the £145.50 fee.

He was fined £180 by magistrates in his home city of Worcester. But the penalty was overturned after the crown court was told watching catch-up TV does not currently require a licence.

A loophole in the law meant he won his appeal when he appeared at court on July 8.

He told Worcester Crown Court he never watched live programmes and only ever watched shows on catch-up.

Watching catch-up TV does not currently require a TV licence, but a change in legislation will mean users will need a licence following September 1.

In April, he was handed the fine at Worcester Magistrates' Court in his absence but he has now had it overturned.

Speaking after the case, Mr Thomas, said: "I was staggered when I got the letter. They gave me less than three weeks to pay the fine.

"I'm on benefits and I get paid fortnightly, which would have been a big chunk of my benefits.

"I said straightaway 'This is not right, I only watch catch-up TV'.

"I know my rights so I defended myself.

"I'm just glad the judge was on my side, someone was on my side.

"I've got severe depression, anxiety, I suffer panic attacks, suicidal thoughts - with all this going on and on I could feel myself going downhill.

"It was just constant stress and hassle.

"I just think of the elderly and vulnerable who in the end will just pay the TV licence, and not know their rights. It is just wrong."